Working Families Flexibility Act of 2025

Summary

On November 20, 2025, the House Committee on Education and Workforce held a markup session to consider three bills affecting worker compensation and wage protections. H.R. 2870, the Working Families Flexibility Act, would allow private-sector employees to receive compensatory time off instead of overtime pay, accruing 1.5 hours of comp time for each hour of overtime worked, up to 160 hours per year. H.R. 2312, the Tipped Employee Protection Act, would simplify the definition of tipped employees by removing consideration of specific job duties and instead defining tipped workers as those whose tips and cash wages together meet the federal minimum wage. H.R. 2299, the Ensuring Workers Get PAID Act, would establish a permanent Payroll Audit Independent Determination program allowing employers to self-report wage and overtime violations and resolve them without penalties if workers accept back-wage settlements. The bills generated significant debate. Business groups and committee Republicans supported the measures as modernizing outdated labor rules and providing flexibility. Labor unions and worker advocates opposed all three bills, arguing they would weaken worker protections. The AFL-CIO contended that H.R. 2870 risks lower pay and wage theft, H.R. 2312 would increase wage unpredictability for tipped workers, and H.R. 2299 would shift enforcement power away from workers by allowing employers to avoid penalties and limiting Department of Labor investigations. The committee voted to advance all three bills. H.R. 2870 and H.R. 2299 were ordered reported by votes of 19-15 and 20-15 respectively, while H.R. 2312 was ordered reported 19-15 after a technical amendment. The bills now move to the full House for consideration, though passage is not guaranteed.

Video